FMC – Petition for Stay Denied in PRPA Case

Thursday, February 22, 2007

The Federal Maritime Commission (FMC) released the order of an Administrative Law Judge (ALJ) denying the petition of Puerto Rico Ports Authority (PRPA) for a stay pending its appeal to the US Court of Appeals for the District of Columbia Circuit. The issue involves the claim by PRPA that it is an arm of the Government of the Commonwealth of Puerto Rico and, thus, entitled to sovereign immunity. The Commission ruled against PRPA on that issue. The PRPA has appealed to the federal appellate court and sought a stay of the FMC enforcement action pending a decision from the court. The ALJ has now denied the petition for a stay, but has authorized PRPA to immediately appeal that denial to the Commission.
Source: HK Law